Tag Archives: Biometric

Google Sued Under Illinois Biometric Information Privacy Act

Another day, another suit against a brand name for allegations of violation of the Illinois Biometric Information Privacy Act (BIPA). Plaintiffs’ attorneys are having a field day filing class action lawsuits based on BIPA. Late last week, Google was sued in Cook County, Illinois in a proposed class action, alleging that it violated BIPA  by … Continue Reading

Security Researchers Find Biometric Data on 28 Million Records Is Exposed

It was reported this week by The Guardian and Forbes that security researchers from Vpnmentor have discovered and published a report that Suprema, a company that collects and monitors biometric information such as fingerprints and facial recognition data, has left exposed the biometric information of 28 million records and 23 gigabytes of data insecure. Suprema … Continue Reading

Ubers of the Future will Monitor Your Vital Signs

Uber has announced that it is considering developing self-driving cars that monitor passengers’ vital signs by asking the passengers how they feel during the ride, in order to provide a stress-free and satisfying trip. This concept was outlined in a patent filed by the company in July 2019. Uber envisions passengers connecting their own health-monitoring … Continue Reading

Customs + Border Patrol Vendor’s Network Compromises Images and License Plate Data

The United States Customs and Border Patrol (CBP) admitted last week that personal information that it collected from travelers crossing the U.S. borders was exposed in a “malicious cyber-attack” against one of its vendors. It is being reported that one of CBP’s subcontractors “illegally transferred” to its internal network almost 100,000 photographic images of travelers … Continue Reading

Hotel Chain Hit with Class Action Alleging “Misuse” of Biometric Data

Hotel chain Fillmore Hospitality, LLC is the latest target of a proposed class action complaint filed this week, alleging violation of the Illinois Biometric Information Privacy Act (BIPA). We don’t usually discuss the specific allegations in BIPA cases, but since they continue to populate the litigation landscape, we thought it would be instructive to take … Continue Reading

Individuals Need Not Allege Actual Injury to Sue for Damages Under the Illinois Biometric Information Privacy Act

On January 25, 2019, a unanimous Illinois Supreme Court held that, under that state’s Biometric Information Privacy Act (BIPA), a person need not suffer actual injury or adverse effect in order to bring suit under the statute. In its decision in Rosenbach v. Six Flags Entertainment Corp., the Court determined that a minor child whose … Continue Reading

Judge Rules Biometric Identifiers Can’t Be Used to Unlock Phone

A federal magistrate judge in California has ruled that law enforcement personnel may not require suspects to unlock their phones with biometric identifiers like a fingerprint, iris scan or facial recognition, saying the practice is unconstitutional. The decision followed the request for a search warrant in an extortion case. The prosecutors asked for an order … Continue Reading

Two More Companies Sued Under Illinois Biometric Law

Two more companies are under fire for alleged violations of the Illinois Biometric Information Privacy Act (BIPA).  Loews Hotel in Chicago was recently sued in the Circuit Court of Cook County for allegedly violating BIPA by collecting employees’ biometric information and sharing it with third parties without the employees’ consent. According to the suit against … Continue Reading

Oregon Strengthens Data Breach Reporting Law

Oregon Governor Kate Brown recently signed a new data breach reporting law (S. 1551) that toughens the state’s existing requirements. The new law requires companies to notify individuals within 45 days after a data breach has been discovered, unless a delay in notification is requested by law enforcement. It expands the definition of personal information … Continue Reading

Facebook Can’t Shake Illinois Biometric Proposed Class Action Case

We have previously reported on Facebook’s fight against a proposed class action case alleging violation of the Illinois Biometric Information Privacy Act (BIPA). Facebook continues to fight the allegation that its collection and storage of users’ and non-users’ facial scans through the use of facial recognition technology violates BIPA, and has filed a Motion to … Continue Reading

Hyatt and Bob Evans Face Class Action Biometric Suit Over Fingerprints

Hyatt Corp. was hit with a class action suit this week for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing employees’ fingerprints. This is the latest in a string of suits over the same complaint—employers using employees’ fingerprints for time clock systems without their written consent. The named plaintiff alleges … Continue Reading

Open Enrollment for 2018: Don’t Forget about HIPAA!

With open enrollment in full swing for many employers, now is a good time to review employee benefit communications. Plan sponsors of health plans are generally responsible for properly administering all of the health plan notices required by law, including HIPAA. To ease the administrative burden and to cut costs, these notices can, and often … Continue Reading

Illinois Biometric Case Against Shutterfly Survives

We have been following biometric cases in Illinois, including the case against Shutterfly [view related posts]. Late last week, an Illinois federal judge denied Shutterfly’s motion to dismiss the case against Shutterfly alleging that it violates the Illinois Biometric Information Privacy Act when collecting and storing face geometry scans through facial recognition software. In allowing … Continue Reading

The Cyber Regulation Drops

On September 13, 2016, Governor Andrew Cuomo announced the first proposed broadly applicable cyber regulation in the U.S. (the “Regulation”). The Regulation covers banks, insurance companies and other financial institutions (Covered Entities) regulated by the New York Department of Financial Services (the “DFS”). The Regulation is tightly focused, but with broad reach. It appears to … Continue Reading

Banks embracing biometric technology

Passwords are a pain to keep track of and it is well known that consumers use the same password for multiple platforms because none of us can remember multiple complex passwords. When a hacker obtains one password, they can use that password to gain access to multiple accounts. The nation’s largest banks are well aware of … Continue Reading

Proposed amendment to Illinois biometrics privacy law introduced then stalled

On May 26, 2016, Illinois Senator Terry Link filed a proposed amendment to the Illinois Biometric Information Privacy Act that would presumably ease the rules relating to the collection and use of biometric data. What irked some is that he reportedly tacked it onto a bill that deals with unclaimed property. The next day, Senator … Continue Reading

Shutterfly requests reconsideration of denial of motion to dismiss in biometrics case

We previously reported that Shutterfly Inc. was unsuccessful in persuading an Illinois federal judge to dismiss the biometrics case against it (view related posts, here and here). Last week, Shutterfly moved for reconsideration of the denial, basing the request in part on Facebook’s success in convincing another Illinois judge to dismiss a similar case against … Continue Reading

Password authentications should become more obsolete

The username/password method of authentication is dying, albeit slower than many of us would like. In 2016, we should see a continued trend of replacing password authentication as the primary method for navigating through cyberspace. We all know the challenges of password authentication. The number of access points that require passwords is growing making it … Continue Reading
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